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[Federal Register Volume 89, Number 247 (Thursday, December 26, 2024)]
[Notices]
[Pages 105096-105099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30706]

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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[BLM_NV_FRN_MO4500181547]

Realty Action: Modified Competitive Sale of 11 Parcels of Public 
Land in Clark County, Nevada

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of realty action.

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SUMMARY: The Bureau of Land Management (BLM) proposes to offer 11 
parcels of public land totaling 89.35 acres in the Las Vegas Valley 
(Valley) by modified competitive sale at no less than each parcel's 
Fair Market Value (FMV) pursuant to the Southern Nevada Public Land 
Management Act of 1998 (SNPLMA), as amended. The sale will be processed 
in conformance with applicable provisions of the Federal Land Policy 
and Management Act of 1976 (FLPMA) and BLM regulations.

DATES: The sale will take place on March 18, 2025, at 8 a.m. Pacific 
time (PT), on the EnergyNet website at: https://www.EnergyNet.com/govt_listing.pl. Submit written comments regarding the sale until 
February 10, 2025. The BLM will publish this Notice of Realty Action 
(NORA) once a week for three consecutive weeks in the Las Vegas Review-
Journal newspaper.

ADDRESSES: Prior to the sale, a sales matrix will be published on the 
following website: https://www.EnergyNet.com/govt_listing.pl. The sales 
matrix provides information specific to each sale parcel such as legal 
description, physical location, encumbrances, reservations, rights-of-
way, acreage, and FMV. The FMV for each parcel will be available in the 
sales matrix at least 30 days prior to the sale. Mail written comments 
to the BLM Las Vegas Field Office (LVFO), Assistant Field Manager, 
Division of Lands, 4701 North Torrey Pines Drive, Las Vegas, NV 89130.

FOR FURTHER INFORMATION CONTACT: Brad Gallimore, Supervisory Realty 
Specialist, Las Vegas Field Office, by email: 
[email protected], or by telephone: 702-515-5017. For 
general information on previous BLM public land sales, go to https://www.blm.gov/snplma. Information concerning the sale parcels, including 
encumbrances of record, condition of boundary evidence, appraisals, 
reservations, procedures and conditions, Comprehensive Environmental 
Response, Compensation and Liability Act, 42 U.S.C. 9620(h) (CERCLA) 
documents, and other environmental documents that may appear in the BLM 
public files for the sale parcels are available for review by 
appointment only during business hours from 8:00 a.m. to 4:00 p.m. PT, 
Monday through Friday, at the BLM LVFO, except during Federal holidays.
    Individuals in the United States who are deaf, deafblind, hard of 
hearing, or have a speech disability may dial 711 (TTY, TDD, or 
TeleBraille) to access telecommunications relay services. Individuals 
outside the United States should use the relay services offered within 
their country to make international calls to the point-of-contact in 
the United States. You will receive a reply during normal business 
hours.

[[Page 105097]]

SUPPLEMENTARY INFORMATION: It is the buyer's responsibility to be aware 
of all applicable Federal, State, and local government laws, 
regulations, and policies that may affect the subject lands, including 
any required dedication of lands for public uses. It is the buyer's 
responsibility to be aware of existing or prospective uses of nearby 
properties. When conveyed out of Federal ownership, the lands will be 
subject to any applicable laws, regulations, and policies of the 
applicable local government for proposed future uses. It is the 
responsibility of the purchaser to be aware through due diligence of 
those laws, regulations, and policies, and to seek any required local 
approvals for future uses. Buyers should make themselves aware of any 
Federal or State law or regulation that may impact the future use of 
the property. Any land lacking access from a public road or highway 
will be conveyed as such and acquiring future access will be the 
responsibility of the buyer.
    Of the 11 parcels of public lands that the BLM proposes to offer, 6 
parcels are within Clark County's jurisdiction: one is located on the 
southwest corner of North Fort Apache Road and West La Madre Way; one 
is located west of South Rainbow Blvd. and West Silverado Blvd.; one is 
located off of Las Vegas Blvd. and West Roban Ave.; one is located 
north of Blue Diamond Road between South Grand Canyon Drive and South 
Hualipai Way; one is located off of Blue Diamond Road and South Torrey 
Pines Drive; and one is located west of South Buffalo Drive and south 
of West Cougar Ave. Three parcels are within the City of Las Vegas' 
jurisdiction: one is in the north part of the Valley, west of Oso 
Blanco Road and south of Moccasin Road through and near US Highway 95 
and Frontage Road; one is located south of West Centennial Parkway and 
east of Michelli Crest Way; and one is located west of North Hualapai 
Way and north of Azure Drive. Two parcels are within the City of 
Henderson's jurisdiction: one is located west of South Magic Way and 
south of Burkholder Blvd.; and one is located south of Burkholder Blvd. 
and east of South Racetrack Road.
    The subject public lands for the proposed sale are legally 
described as:

Mount Diablo Meridian, Nevada

NVNV105860623, 10.00 acres
T. 19 S., R. 60 E.,
    sec. 31, N\1/2\NE\1/4\SE\1/4\SE\1/4\ and S\1/2\NE\1/4\SE\1/4\SE\1/
4\.
NVNV105860656, 2.50 acres
T. 22 S., R. 60 E.,
    sec. 23, SE\1/4\SW\1/4\SW\1/4\SW\1/4\.
NVNV106273420, 2.50 acres
T. 23 S., R. 61 E.,
    sec. 17, SW\1/4\SE\1/4\SW\1/4\NE\1/4\.
NVNV106334782, 12.50 acres
T. 19 S., R. 59 E.,
    sec. 1, lot 11, N\1/2\NE\1/4\SE\1/4\NE\1/4\, and SE\1/4\NE\1/
4\SE\1/4\NE\1/4\.
NVNV106334784, 6.85 acres
T. 22 S., R. 60 E.,
    sec. 19, lots 69, 71, and S\1/2\SW\1/4\NE\1/4\NW\1/4\.
NVNV106334786, 5.00 acres
T. 22 S., R. 63 E.,
    sec. 16, E\1/2\NW\1/4\NE\1/4\SE\1/4\.
NVNV106334788, 5.00 acres
T. 22 S., R. 63 E.,
    sec. 16, E\1/2\NW\1/4\NW\1/4\SE\1/4\.
NVNV106334789, 2.50 acres
T. 22 S., R. 60 E.,
    sec. 16, NW\1/4\SE\1/4\NE\1/4\SE\1/4\.
NVNV106334790, 12.50 acres
T. 22 S., R. 60 E.,
    sec. 23, W\1/2\NW\1/4\SW\1/4\NE\1/4\, NE\1/4\NE\1/4\SE\1/4\NW\1/4\, 
NW\1/4\NE\1/4\SE\1/4\NW\1/4\, S\1/2\NE\1/4\NW\1/4\SE\1/4\NW\1/4\, and 
S\1/2\NW\1/4\NW\1/4\SE\1/4\NW\1/4\.
NVNV106334791, 5.00 acres
T. 19 S., R. 59 E.,
    sec. 25, E\1/2\SE\1/4\NE\1/4\NE\1/4\.
NVNV106334792, 25.00 acres
T. 19 S., R. 59 E.,
    sec. 25, E\1/2\NE\1/4\NW\1/4\NE\1/4\, E\1/2\SE\1/4\NW\1/4\NE\1/4\, 
E\1/2\NE\1/4\SW\1/4\NE\1/4\, and SW\1/4\NE\1/4\NE\1/4\.
    The areas described aggregate 89.35 acres, according to the 
official plats of the surveys of the said lands on file with the BLM.
    The following National Environmental Policy Act (NEPA) documents 
support this proposed land sale: The Las Vegas Valley Disposal Boundary 
Environmental Impact Statement and Record of Decision issued on 
December 23, 2004, and the Las Vegas In-Valley Area Multi-Action 
Analysis Environmental Assessment (EA), DOI-BLM-NV-S010-2016-0054-EA 
(https://eplanning.blm.gov/eplanning-ui/project/60096/510), analyzed 
the sale parcels. A parcel-specific Determination of NEPA Adequacy, 
document number DOI-BLM-NV-S010-2024-0056-DNA, was prepared in 
connection with this Notice of Realty Action.
    Submit comments to the address in the ADDRESSES section. Before 
including your address, phone number, email address, or other 
personally identifiable information in your comment, you should be 
aware that your entire comment--including any personally identifiable 
information--may be made publicly available at any time. While you can 
ask us in your comment to withhold your personally identifiable 
information from public review, we cannot guarantee that we will be 
able to do so.
    Any comments regarding the proposed sale will be reviewed by the 
BLM LVFO Assistant Field Manager, Division of Lands, who may sustain, 
vacate, or modify this realty action in response to such comments. In 
the absence of any adverse comments, this realty action will become the 
final determination of the Department of the Interior. The use of the 
modified competitive sale method is consistent with 43 CFR 2711.3-2. 
Public lands may be offered for sale by modified competitive bidding 
procedures when the authorized officer determines it is necessary based 
on public policies. Consistent with Executive Order 14008, Tackling the 
Climate Crisis at Home and Abroad, utilizing an online (internet-based) 
auction format would maximize the opportunity for public involvement 
while reducing greenhouse gas emissions that would result from bidders 
traveling to Las Vegas. In addition, utilizing an online auction would 
encourage greater participation by qualified bidders.
    The regulations at 43 CFR 2711.2 require that qualified conveyees 
(bidders) must be:
    (1) A citizen of the United States 18 years of age or older;
    (2) A corporation subject to the laws of any State or of the United 
States;
    (3) A State, State instrumentality, or political subdivision 
authorized to hold property; or
    (4) An entity legally capable of conveying and holding lands or 
interests therein under the laws of the State of Nevada.
    The successful bidder must submit proof of citizenship or Articles 
of Incorporation within thirty (30) days from receipt of the Acceptance 
of Bid letter. Evidence of United States citizenship is a birth 
certificate, passport, or naturalization papers. Citizenship documents 
or Articles of Incorporation (as applicable) must be provided to the 
BLM LVFO for each sale.
    The EnergyNet auction website is viewable by the public in real-
time; however, you must register as a bidder with EnergyNet in advance 
to submit bids for a parcel during the auction. The online auction 
website will be active and available for use approximately ten (10) 
days after the date of this notice and will remain available for 
viewing until the completion of the auction. The available parcels in 
this notice will be listed in detail on the EnergyNet website. 
Interested parties may visit the website at any time.

[[Page 105098]]

    Potential bidders are encouraged to visit the EnergyNet website at 
least ten (10) business days prior to the start of the open bidding 
period to review the bidding instructions available at https://www.energynet.com/page/Government_Listings_Participation. Supporting 
documentation is available on the EnergyNet website to familiarize 
users to the bidding process and answer frequently asked questions.
    Potential bidders may register for the online auction as soon as 
the auction website is active. To participate in the BLM bidding 
process, you must register with EnergyNet and obtain a bidder number. 
Registration for online bidding will be available prior to the sale 
date on the EnergyNet website at https://www.EnergyNet.com/govt_listing.pl. Click on the orange ``Register for Sale'' button on 
the blue ``BLM Nevada SNPLMA 11 Parcel Land Sale Winter 2025'' banner 
to register. Then click on the light blue ``View Listings'' button on 
the ``BLM Nevada SNPLMA 11 Parcel Land Sale Winter 2025'' banner to 
obtain maps and get information on how to submit online bids via the 
internet for the sale. A submitted online internet bid is a binding 
offer to purchase.
    To participate in this sale, prospective buyers must create an 
EnergyNet account, complete the EnergyNet Bidding Terms Agreement, 
request a bid allowance, and register for the BLM Nevada SNPLMA 11 
Parcel Land Sale Winter 2025. EnergyNet may require approximately five 
(5) business days to determine the bidder's financial qualifications. 
Additional information on how to register with EnergyNet may be found 
at https://www.energynet.com/page/Government_Listings_Participation.
    Assistance with creating an EnergyNet account and registering for 
the sale is available by contacting the EnergyNet Government Resources 
Department at 877-351-4488. Use the following link to create a Buyer's 
Account: https://www.EnergyNet.com/bidder_reg.pl?registration_choice=government. After the account is 
created, follow the link ``Submit Bank Information Online'' and fill in 
the form with the following information:

 Bank name;
 Banker's name;
 Telephone number of banker;
 Address of bank;
 Requested bid allowance amount.

    EnergyNet will verify that the bank is an accredited financial 
institution and contact the bank to ensure the prospective buyer has 
the financial means to cover the requested bid allowance. The bidder 
must contact its banker and grant permission for the banker to speak 
with EnergyNet about the bidder's bid allowance request. EnergyNet will 
not request the bidder's account balance nor ask any questions about 
assets or other lines of credit. EnergyNet will not request the bank 
account number, nor whether it can withdraw funds.
    Payments to the BLM will not be made through EnergyNet. At the 
conclusion of the bidding period for the final parcel, the bidder with 
the highest accepted bid during the open auction period (winning 
bidder) for each parcel will be provided instructions via email by the 
online auction system on how to make the required payment to the BLM.
    In addition, you will be required to pay a service fee to 
EnergyNet's broker of 1.5 percent of the highest qualifying bid for 
each parcel purchased by the successful bidder. EnergyNet will submit 
one invoice via email to each successful bidder for the total amount 
due to the BLM and a separate invoice for the amount due to EnergyNet's 
broker.
    Bidding will begin at the established FMV of each parcel. Each 
parcel will have its own unique open bidding period, with start and 
stop times clearly identified on the auction website. The open bidding 
period for each parcel will run for 24 hours from start to finish, and 
only bids placed during this 24-hour period will be accepted. Bidding 
will close sequentially so that each bidder will know if it is the 
highest winning bid before subsequent parcels close. The website will 
display each current high bid, and the high bidder's number.
    The online system allows participants to submit maximum bids, which 
is the highest amount a bidder is willing to pay for each parcel, to 
enable a bidder to participate in the online auction without having to 
be logged into the website at the time the auction period closes. The 
auction website provides a full explanation of placing maximum bids, as 
well as an explanation of how it works to place bids on your behalf to 
maintain your high bidder status up to the chosen maximum bid amount. 
The BLM strongly encourages potential bidders to review the bidding 
tutorial in the Frequently Asked Questions area on the auction website 
in advance of the sale. EnergyNet will declare the highest qualifying 
bid as the high bid. The successful bidder must submit a deposit of no 
less than 20 percent of the successful bid amount by 4:00 p.m. PT, 
immediately following the close of the sale, in the form of a certified 
check, postal money order, electronic fund transfer, bank draft, or 
cashier's check made payable in U.S. dollars to the ``Department of the 
Interior, Bureau of Land Management.''
    The BLM will send the successful bidder(s) an Acceptance of Bid 
letter with detailed information for making payment in full. In 
accordance with 43 CFR 2711.3-1(d), the successful bidder will forfeit 
the bid deposit if it fails to pay the full purchase price within 180 
days of the sale. The BLM will make no exceptions. The BLM cannot 
accept the remainder of the bid price at any time following the 180th 
day after the sale.
    If a bidder is the apparent successful bidder with respect to 
multiple parcels and that bidder fails to submit the minimum 20 percent 
bid deposit resulting in default on any single parcel following the 
sale, the BLM may cancel the sale of all parcels to that bidder. If a 
successful bidder cannot consummate the transaction for any reason, the 
BLM may consider the second highest bidder to purchase the parcel. If 
there are no acceptable bids, a parcel may remain available for sale on 
a future date without further legal notice.
    The BLM LVFO must receive requests for escrow instructions a 
minimum of 30 business days prior to the prospective patentee's 
scheduled closing date. There are no exceptions.
    All name changes and supporting documentation must be received at 
the BLM LVFO by 4:00 p.m. PT, 30 days from the date on the Acceptance 
of Bid letter. There are no exceptions. To submit a name change, the 
apparent successful bidder must submit the name change in writing on 
the Certificate of Eligibility form to the BLM LVFO.
    The BLM must receive the remainder of the full bid price for the 
parcel no later than 4:00 p.m. PT, within 180 days following the day of 
the sale. The successful bidder must submit payment in the form of a 
certified check, postal money order, bank draft, cashier's check, or 
make available by electronic fund transfer payable in U.S. dollars to 
the ``Department of the Interior--Bureau of Land Management'' to the 
BLM LVFO. The BLM will not accept personal checks or other non-
certified funds.
    Arrangements for electronic fund transfer to the BLM for payment of 
the balance due must be made a minimum of two weeks prior to the 
payment date. The BLM will not sign any documents related to 1031 
Exchange transactions. The bidder is responsible for timing for 
completion of such an exchange. The BLM cannot be a party to any 1031 
Exchange.
    In accordance with 43 CFR 2711.3-1(f), the BLM may accept or reject 
any or all offers to purchase or withdraw any parcel of land or 
interest therein

[[Page 105099]]

from sale within 30 days, if the BLM authorized officer determines 
consummation of the sale would be inconsistent with any law, or for 
other reasons as may be provided by applicable law or regulations. No 
contractual or other rights against the United States may accrue until 
the BLM officially accepts the offer to purchase and the full bid price 
is paid.
    Per SNPLMA Section 4(c), lands identified within the Las Vegas 
Valley Disposal Boundary are withdrawn from location and entry under 
the mining laws and from operation under the mineral leasing and 
geothermal leasing laws until such time as the Secretary of the 
Interior (Secretary) terminates the withdrawal or the lands are 
patented.
    Upon publication of this notice in the Federal Register, the 
described land will also be segregated from all forms of appropriation 
under the public land laws, including the mining laws, except for the 
sale provisions of FLPMA. Upon publication of this notice and until 
completion of this sale, the BLM will no longer accept land use 
applications affecting the parcels identified for sale. The parcels may 
be subject to land use applications received prior to publication of 
this notice if processing the application would have no adverse effect 
on the marketability of title or the FMV of the parcel. The segregative 
effect of this notice terminates upon issuance of a patent or other 
document of conveyance to such lands, or publication in the Federal 
Register of a termination of the segregation. The total segregation 
period may not exceed two years unless it is extended by the BLM Nevada 
State Director prior to the termination date in accordance with 43 CFR 
2711.1-2(d).
    Terms and Conditions: FLPMA Section 209, 43 U.S.C. 1719(a), states 
that ``all conveyances of title issued by the Secretary . . . shall 
reserve to the United States all minerals in the lands.'' Accordingly, 
the patents, when issued, will contain a mineral reservation to the 
United States for all minerals.
    In response to requests to clarify this mineral reservation as it 
relates to mineral materials, such as sand and gravel, we refer 
interested parties to the regulations at 43 CFR 3601.71(b), which 
provides that the owner of the surface estate of lands with reserved 
Federal minerals may ``use a minimal amount of mineral materials'' for 
``personal use'' within the boundaries of the surface estate without a 
sales contract or permit. The regulation provides that all other use, 
absent statutory or other express authority, requires a sales contract 
or permit. The BLM refers interested parties to the explanation of this 
regulatory language in the preamble to the final rule published in the 
Federal Register in 2001, available at https://www.federalregister.gov/d/01-29001, which states that minimal use ``would not include large-
scale use of mineral materials, even within the boundaries of the 
surface estate'' (66 FR 58894). Further explanation is contained in the 
BLM Instruction Memorandum No. 2014-085 (April 23, 2014), available on 
the BLM's website at https://www.blm.gov/policy/im-2014-085.
    The following numbered terms and conditions will appear on the 
conveyance documents for the sale parcels:
    (1) All mineral deposits in the lands so patented, and to it, or 
persons authorized by it, the right to prospect for, mine, and remove 
such deposits from the same under applicable law and regulations to be 
established by the Secretary are reserved to the United States, 
together with all necessary access and exit rights.
    (2) A right-of-way is reserved for ditches and canals constructed 
by authority of the United States under the Act of August 30, 1890 (43 
U.S.C. 945).
    (3) The parcels are subject to valid existing rights.
    (4) The parcels are subject to reservations for roads, public 
utilities, and flood control purposes, both existing and proposed, in 
accordance with the local governing entities' transportation plans.
    (5) An appropriate indemnification clause protecting the United 
States from claims arising out of the patentee's use, occupancy, or 
occupations on the patented lands.
    To the extent required by law, the parcel is subject to the 
requirements of section 120(h) of CERCLA, as amended. Accordingly, 
notice is hereby given that the lands have been examined and no 
evidence was found to indicate that any hazardous substances have been 
stored for one year or more, nor that any hazardous substances have 
been disposed of or released on the subject properties.
    No warranty of any kind, express or implied, is given by the United 
States as to the title, the boundaries, whether or to what extent the 
land may be developed, its physical condition, future uses, or any 
other circumstance or condition. The conveyance of a parcel will not be 
on a contingency basis.
    Authority: 43 CFR 2711.3-2.

Samirra Z. Felix,
Acting Assistant Field Manager, Las Vegas Field Office.
[FR Doc. 2024-30706 Filed 12-23-24; 8:45 am]
BILLING CODE P
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